BILL ANALYSIS



C.S.H.B. 2651
By: Dukes
4-11-95
Committee Report (Substituted)


BACKGROUND

According to Section 361.502, Health and Safety Code, it is the
policy of the state to reduce pollution at its source and to
minimize the impact of pollution in order to reduce risk to public
health and the environment and continue to enhance the quality of
air, land and waters of the state where feasible.  Source reduction
is the primary goal of the state in implementing this policy.  When
pollutants cannot be reduced at the source, waste minimization
becomes the secondary preference.

Currently, all large quantity generators of hazardous waste and
those generators exceeding specified levels are required to prepare
a source reduction and waste minimization plan.  The plan must
contain a separate component addressing source reduction activities
and a separate component addressing waste minimization activities. 
The plan includes a prioritized list of economically and
technologically feasible source reduction and waste minimization
projects.  

Some businesses feel that there may be technical or economic limits
to achieving state policies.  In some cases additional reductions
or minimizations are cost prohibitive.  In fact, the costs
associated with recycling, reuse, treatment or disposal of waste
may be significantly less than the costs of retrofitting,
redesigning, or altering a process or facility.

PURPOSE

HB 2651 provides businesses with an opportunity to achieve
compliance with the Texas Clean Air Act in a cost effective manner.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1: Amends Section 361.505, Health and Safety Code, by
creating a new subsection (f) which provides for compliance with
the Texas Clean Air Act by allowing a person to be in compliance by
showing that recycling, reuse, treatment or disposal achieves the
greatest cost-benefit in lieu of further source reduction and waste
minimization.  Stipulates that this subsection does not alter or
replace the requirements of Subsection (a) of this section, but is
intended to create an additional option.

SECTION 2: Effective date: September 1, 1995.

SECTION 3: Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The committee substitute for HB 2651 adds the stipulation that
subsection (f) does not alter or replace the requirements of
subsection (a) Sec. 361.505, but is intended to create an
additional option.  This stipulation was not in the original bill.



SUMMARY OF COMMITTEE ACTION

HB 2651 was considered by the House Committee on Environmental
Regulation in a public hearing on April 4, 1995.  The committee
considered a complete substitute for HB 2651.  The following
persons testified in favor of the bill:
     Paul Seals, attorney, representing himself
     Jeff Civens, attorney, representing himself and clients in
general.
Ken Kramer, representing Sierra Club, testified neutrally on the
bill.  Without objection the substitute was withdrawn, and HB 2651
was left pending business.

HB 2651 was considered by the House Committee on Environmental
Regulation in a public hearing on April 11, 1995.  The committee
considered a complete substitute for HB 2651.  One amendment was
offered to the substitute.  Without objection, the amendment was
adopted.  The substitute, as amended, was adopted without
objection.  The chair directed the staff to incorporate the
amendment into the substitute.  HB 2651 was reported favorably as
substituted with the recommendation that it do pass and be printed
by a record vote of eight (8) ayes, no (0) nays, one (1) pnv, and
no (0) absent.